Lawmakers consider constitutional change for school funding

House Speaker Ray Merrick leads a news conference of Kansas House and Senate Republican leaders decrying a Shawnee county court ruling that says the Legislature's K-12 school funding is inadequate. The leaders said the upcoming session will focus on education policy reforms as much as funding.

Republican leaders of the Kansas House and Senate decried Monday a Shawnee County court ruling that says the Legislature's K-12 school funding is inadequate and said the upcoming session will focus on education policy reforms as much as funding.

“This session will take a hard look at Kansas schools to help them operate in the very best interests of children," House Speaker Ray Merrick said. "Money is not the only part of the equation.”

Several GOP leaders also confirmed Monday that conservative Republicans who control the Legislature will seek to revise the state constitution to rein in the courts. That would entail a two-thirds vote in each chamber that then would send the matter to voters as a ballot referendum that would pass with a majority vote.

Leaders said interest among Republican legislators in a constitutional amendment has been high since the ruling Friday by a three-judge panel in Shawnee County District Court. Merrick said he wanted to give the people a chance to vote on amending the constitution and an influential senator agreed.

“There’s been a whole lot of discussion about what the response should be,” said new Senate Vice President Jeff King, a conservative Independence Republican who is also Judiciary Committee chairman. “Submitting that question to the people of Kansas to decide seems like a pretty good idea to me.”

Senate Majority Leader Terry Bruce, a conservative Hutchinson Republican, said the goal is to put a measure to a vote as quickly as possible, perhaps even in a special election.

The three-judge panel declared that the state must boost aid to public schools by at least $440 million per year to meet its obligations under the state constitution to provide a suitable education to every child. And, in a move particularly irritating to conservatives, the judges criticized legislators for claiming the state couldn’t afford to spend more on schools while enacting massive income tax cuts last year to stimulate the economy.

“The timing of the ruling, as well as mention of last year's tax cut is a stark example of the political nature of this ruling,” Merrick said.

The attorney general’s office already has promised to appeal the Shawnee County ruling, but it isn’t clear how quickly the Kansas Supreme Court could issue a final ruling.

Democrats, moderate Republicans and education groups are likely to resist any proposed constitutional change, arguing that the Legislature has a duty to comply with the court order.

The education article of the state constitution commands legislators to “make suitable provision for finance of the educational interests of the state.” The Supreme Court has said in rulings in 2005 and 2006 that lawmakers must finance an adequate education for every child, keep up with rising educational costs and ensure that schools continually improve.

But House Majority Leader Jene Vickrey, a conservative Louisburg Republican, said lawmakers are frustrated because they believe the courts have exceeded their constitutional authority in weighing in on school funding. He said GOP lawmakers see any constitutional changes as merely clarifying the issue.

“We have the purse strings,” he said. “Most of us believe that it’s already black and white.”

Conservative lawmakers pushed for constitutional changes after the earlier Supreme Court rulings, but such measures were blocked by Democrats and GOP moderates. The Senate had been controlled by GOP moderates, who often worked with centrist and liberal Democrats, but conservatives have a strong majority after last year’s elections.

Aside from amending the constitution, leaders also said they will also consider changes to the way state education dollars are spent, including school vouchers.

“I think at this point it's safe to say everything should be on table for discussion,” said Rep. Peggy Mast, R-Emporia, the new House Speaker Pro Tem.

Mast said teachers union have always had a seat at the table for those discussions in committees, and that will continue this session.

Sen. Steve Abrams, R-Arkansas City, said the state needs to take a comprehensive look at the public education system and form a set of specific standards of what it means to be an educated person in Kansas.

“There’s a lot of issues that need to be looked at," Abrams said. "It’s not just about money.”